out in california. that is against the commerce clause, it is unconstitutional, let the vino flow. i think this is ultimately going to be a supreme court case and it's going to go on the favor of the folks challenging. >> mike: let the vino flow, i like it. contacting out-of-state merchants and prevented from purchasing and receiving a lawful product and an interstate marketplace in which they wish to participate. rich, what is your take? >> he's right. the bottom line here is if you can't discriminate against out-of-state wine distributors, then let's be clear. i live in rhode island and i want to order wine form of rhode island wind is jupiter, i'm entitled to it. if i want to order wine from massachusetts, new york, michigan, they can't do that. and the basis upon which the government is doing it, which is the same as the federal government, is the commerce law. the commerce clause allows the states, any state in particular, to restrict the flow of